Opinion
Civil Action No. 09-cv-02447-CMA-KLM.
February 10, 2010
ORDER
This matter is before the Court on Plaintiff's Counsel's letter dated February 4, 2010 [Docket No. 20], which the Court deems to be a motion (the "Motion"). The purpose of the Motion is to seek the Court's signature on a subpoena duces tecum to non-party DISH Network, LLC.
First, it is not appropriate for counsel to communicate with the Court by letter, except in the context of settlement negotiations. The Court ordinarily does not, and will not in the future, respond to letters from counsel.
Second, as set forth in Fed.R.Civ.P. 45(a)(3), a subpoena duces tecum must be completed by a party and either issued by the clerk of the court for the district where the production is to be made, or by an attorney as an officer of that court, so long as s/he is authorized to practice therein. Accordingly, pursuant to the Federal Rules of Civil Procedure, United States Magistrate Judges don't sign subpoenas.
IT IS HEREBY ORDERED that the Motion is DENIED.